Legal Question in Family Law in New York

adoption

I am married and I have a 6yr. My daughters father has NO relationship at all with her but he does pay child support. He owes arrears. If my husband adopts her my daughter..... Does the biological father still have to pay the arrears since the order was in place? Does he still have to pay the child support until she is 18? What are the laws in NY as far as a Stepparent getting custody of a child when the biological father has absolutely no relationship at all.


Asked on 8/11/08, 11:36 pm

1 Answer from Attorneys
Bunji Fromartz Fromartz Law Offices

After adoption, arrears will still be due.

All child support, including arrears, will still owed up to the date of the actual adoption. Once the adoption is complete only arrears will be owed, no further child support will be due.

There are no hard and fast rules regarding the stepparent adopting, but if the biological father signs off on the adoption it will help speed the approval by the court. As there has been no meaningful contact the adoption should go forward easily.

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Answered on 8/12/08, 11:26 am


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